The modified PATRIOT Act (was called) (HR 2975)
According to the ACLU, the most troubling provisions in both the Senate and the modified House anti-terrorism legislation now include:
Permits Information Sharing: Allows information obtained during criminal investigations to be distributed to the CIA, NSA, INS, Secret Service and military, without judicial review, and with no limits as to how these agencies can use the information once they have it.
Authorizes "Sneak and Peek Searches": Authorizes expanded use of covert searches for any criminal investigation, thus allowing the government to enter your home, office or other private place and conduct a search, take photographs, and download your computer files without notifying you until later.
Allows Forum Shopping: Law enforcement can apply for warrants in any court in any jurisdiction where it is conducting an investigation for a search anywhere in the country. This would make it very difficult for individuals subjected to searches to challenge the warrant.
Creates New Crime of Domestic Terrorism: Creates an entirely new type of crime, which is unnecessary for the prosecution of the "War on Terrorism." By expanding the definition of terrorism in such a way, the bill could potentially allow the government to levy heavy penalties for relatively minor offenses, including political protests.
Allows the CIA to Spy on Americans: Gives the Director of Central Intelligence the power to manage the gathering of intelligence in America and mandate the disclosure of information obtained by the FBI about terrorism in general - even if it is about law-abiding American citizens - to the CIA.
Imposes Indefinite Detention: Permits authorities to indefinitely detain non-citizens, without meaningful judicial review.
Reduces Privacy in Student Records: Allows law enforcement to access, use and disseminate highly personal information about American and foreign students.
Expands Wiretap Authority: Minimizes judicial supervision of law enforcement wiretap authority in several ways, including: permitting law enforcement to obtain the equivalent of "blank" warrants in the physical world; authorizing intelligence wiretaps that need not specify the phone to be tapped or require that only the target's conversations be eavesdropped upon; and allowing the FBI to use its "intelligence" authority to circumvent the judicial review of the probable cause requirement of the Fourth Amendment.
======================== Libertarian Party Press Releases
October 3, 2001
New compromise "Patriot Act" is still a threat to civil liberties
WASHINGTON, DC -- Congress should reject the proposed anti-terrorist "Patriot Act" -- which would greatly expand the federal government's surveillance, wiretapping, and detention authority -- because no new police powers are needed to effectively fight terrorism, the Libertarian Party said today.
"There's no evidence that these new police powers will actually stop terrorists -- but there is a clear and present danger that they will curtail the fundamental civil liberties of Americans," said Steve Dasbach, the party's national director.
"That's why this bill should worry Americans more than it will worry terrorists. And that's why Congress should reject it."
The Patriot Act -- which will be considered by the U.S. House Judiciary Committee on Wednesday -- is the result of two weeks of closed-door negotiations between Congress and the Bush administration.
While the bipartisan compromise made some concessions to civil libertarian concerns, the bill:
* Gives any U.S. Attorney or state attorney general the power to install the Carnivore e-mail snooping system in "emergency situations" without obtaining a court order.
* Allows telephone voice mail messages to be obtained by law enforcement with a mere search warrant, which is issued with less court scrutiny than the previously required wiretap warrant.
* Expands the definition of "terrorist" so broadly that it could include non-violent protesters at an anti-war rally.
* Makes it easier for the government to tap multiple phones as part of a "roving wiretap" warrant.
* Allows the government to detain legal immigrants for seven days based on a mere accusation of terrorist activity.
On Saturday, President Bush urged Congress to approve the provisions in the Patriot Act, saying it gives law enforcement "every necessary tool" to fight terrorists.
But politicians made that promise before, noted Dasbach.
For example, in 1978, Congress passed the Foreign Intelligence Surveillance Act (FISA), which created secret federal courts to approve clandestine wiretaps of suspected spies and terrorists. In 1995, Congress expanded the FISA courts' authority to include searches of homes and computers.
During its first 21 years in operation, FISA courts authorized 11,950 secret searches and wiretaps -- while rejecting only one search warrant, according to the U.S. Department of Justice.
In 1996, Congress passed the Anti-Terrorism and Effective Death Penalty Act in the wake of the Oklahoma City bombing, which created courts with the power to deport foreigners based on secret evidence; gave the Secretary of State the authority to arbitrarily designate groups as "terrorist;" and allowed the government to freeze the assets of suspected terrorist groups.
In 1998, after the bombings of American embassies in Africa, Congress passed legislation that authorized "roving wiretaps" for the first time and increased the maximum "Counterterrorism Rewards Program" from $2 million to $5 million.
That same year, President Clinton also issued two Presidential Decision Directives: PDD-62, which established the office of the National Coordinator for Security, Infrastructure Protection and Counter-Terrorism, and PDD-63, which created the National Infrastructure Protection Center.
A senior FBI agent told Time magazine in 1998: "Any one of these extremely valuable tools could be the keystone" to successful operations against terrorists.
But none of those additional powers did a thing to stop terrorists from killing 6,000 Americans on September 11, noted Dasbach.
"That's why, instead of demanding ever-expanding powers, the FBI and other federal law enforcement agencies should simply do their jobs -- by acting on credible warnings of terrorist attacks," he said. "If they had done so, 6,000 Americans might still be alive today."
According to a September 27 column by Robert D. Novak, Philippine police arrested several Islamic terrorists in 1995 and discovered plans to use commercial airliners to attack targets in America, including the World Trade Center and the Pentagon. That information was passed on to the U.S. government.
In August 2001, a flight school in Minnesota contacted the FBI and warned agents about a "peculiar" Arab who wanted to take 747 flight simulator training to learn how to steer -- but not take off or land. The man was arrested for lack of a valid visa and detained for future deportation.
Wrote Novak: "No connection was made with the 1995 revelation. The FBI had advance indications of plans to hijack U.S. airliners and use them as weapons but neither acted on them nor distributed the intelligence to local police."
Based on those revelations, asked Dasbach, how can the FBI claim it needs expanded surveillance powers?
"The FBI doesn't need to read more e-mail, install roving wiretaps, redefine terrorism, or get any of the new powers in the Patriot Act," he said. "The FBI simply needs to rediscover the power of old-fashioned detective work -- and pay better attention when it gets warnings that terrorists plan to launch a deadly strike against Americans."
======================== Vote Date: October 11, 2001, 11:43 PM - YEAs --- 96
Akaka (D-HI), Yea Allard (R-CO), Yea Allen (R-VA), Yea Baucus (D-MT), Yea Bayh (D-IN), Yea Bennett (R-UT), Yea Biden (D-DE), Yea Bingaman (D-NM), Yea Bond (R-MO), Yea Boxer (D-CA), Yea Breaux (D-LA), Yea Brownback (R-KS), Yea Bunning (R-KY), Yea Burns (R-MT), Yea Byrd (D-WV), Yea Campbell (R-CO), Yea Cantwell (D-WA), Yea Carnahan (D-MO), Yea Carper (D-DE), Yea Chafee (R-RI), Yea Cleland (D-GA), Yea Clinton (D-NY), Yea Cochran (R-MS), Yea Collins (R-ME), Yea Conrad (D-ND), Yea Corzine (D-NJ), Yea Craig (R-ID), Yea Crapo (R-ID), Yea Daschle (D-SD), Yea Dayton (D-MN), Yea DeWine (R-OH), Yea Dodd (D-CT), Yea Domenici (R-NM), Not Voting Dorgan (D-ND), Yea Durbin (D-IL), Yea Edwards (D-NC), Yea Ensign (R-NV), Yea Enzi (R-WY), Yea Feingold (D-WI), Nay Feinstein (D-CA), Yea Fitzgerald (R-IL), Yea Frist (R-TN), Yea Graham (D-FL), Yea Gramm (R-TX), Yea Grassley (R-IA), Yea Gregg (R-NH), Yea Hagel (R-NE), Yea Harkin (D-IA), Yea Hatch (R-UT), Yea Helms (R-NC), Not Voting Hollings (D-SC), Yea Hutchinson (R-AR), Yea Hutchison (R-TX), Yea Inhofe (R-OK), Yea Inouye (D-HI), Yea Jeffords (I-VT), Yea Johnson (D-SD), Yea Kennedy (D-MA), Yea Kerry (D-MA), Yea Kohl (D-WI), Yea Kyl (R-AZ), Yea Landrieu (D-LA), Yea Leahy (D-VT), Yea Levin (D-MI), Yea Lieberman (D-CT), Yea Lincoln (D-AR), Yea Lott (R-MS), Yea Lugar (R-IN), Yea McCain (R-AZ), Yea McConnell (R-KY), Yea Mikulski (D-MD), Yea Miller (D-GA), Yea Murkowski (R-AK), Yea Murray (D-WA), Yea Nelson (D-FL), Yea Nelson (D-NE), Yea Nickles (R-OK), Yea Reed (D-RI), Yea Reid (D-NV), Yea Roberts (R-KS), Yea Rockefeller (D-WV), Yea Santorum (R-PA), Yea Sarbanes (D-MD), Yea Schumer (D-NY), Yea Sessions (R-AL), Yea Shelby (R-AL), Yea Smith (R-NH), Yea Smith (R-OR), Yea Snowe (R-ME), Yea Specter (R-PA), Yea Stabenow (D-MI), Yea Stevens (R-AK), Yea Thomas (R-WY), Yea Thompson (R-TN), Yea Thurmond (R-SC), Not Voting Torricelli (D-NJ), Yea Voinovich (R-OH), Yea Warner (R-VA), Yea Wellstone (D-MN), Yea Wyden (D-OR), Yea
Grouped by Home State
Alabama: Shelby (R), Yea Sessions (R), Yea Alaska: Stevens (R), Yea Murkowski (R), Yea Arizona: McCain (R), Yea Kyl (R), Yea Arkansas: Hutchinson (R), Yea Lincoln (D), Yea California: Feinstein (D), Yea Boxer (D), Yea Colorado: Campbell (R), Yea Allard (R), Yea Connecticut: Dodd (D), Yea Lieberman (D), Yea Delaware: Biden (D), Yea Carper (D), Yea Florida: Graham (D), Yea Nelson (D), Yea Georgia: Cleland (D), Yea Miller (D), Yea Hawaii: Inouye (D), Yea Akaka (D), Yea Idaho: Craig (R), Yea Crapo (R), Yea Illinois: Durbin (D), Yea Fitzgerald (R), Yea Indiana: Lugar (R), Yea Bayh (D), Yea Iowa: Grassley (R), Yea Harkin (D), Yea Kansas: Brownback (R), Yea Roberts (R), Yea Kentucky: McConnell (R), Yea Bunning (R), Yea Louisiana: Breaux (D), Yea Landrieu (D), Yea Maine: Snowe (R), Yea Collins (R), Yea Maryland: Sarbanes (D), Yea Mikulski (D), Yea Massachusetts: Kennedy (D), Yea Kerry (D), Yea Michigan: Levin (D), Yea Stabenow (D), Yea Minnesota: Wellstone (D), Yea Dayton (D), Yea Mississippi: Cochran (R), Yea Lott (R), Yea Missouri: Bond (R), Yea Carnahan (D), Yea Montana: Baucus (D), Yea Burns (R), Yea Nebraska: Hagel (R), Yea Nelson (D), Yea Nevada: Reid (D), Yea Ensign (R), Yea New Hampshire: Smith (R), Yea Gregg (R), Yea New Jersey: Torricelli (D), Yea Corzine (D), Yea New Mexico: Domenici (R), Not Voting Bingaman (D), Yea New York: Schumer (D), Yea Clinton (D), Yea North Carolina: Helms (R), Not Voting Edwards (D), Yea North Dakota: Conrad (D), Yea Dorgan (D), Yea Ohio: DeWine (R), Yea Voinovich (R), Yea Oklahoma: Nickles (R), Yea Inhofe (R), Yea Oregon: Wyden (D), Yea Smith (R), Yea Pennsylvania: Specter (R), Yea Santorum (R), Yea Rhode Island: Reed (D), Yea Chafee (R), Yea South Carolina: Thurmond (R), Not Voting Hollings (D), Yea South Dakota: Daschle (D), Yea Johnson (D), Yea Tennessee: Thompson (R), Yea Frist (R), Yea Texas: Gramm (R), Yea Hutchison (R), Yea Utah: Hatch (R), Yea Bennett (R), Yea Vermont: Leahy (D), Yea Jeffords (I), Yea Virginia: Warner (R), Yea Allen (R), Yea Washington: Murray (D), Yea Cantwell (D), Yea West Virginia: Byrd (D), Yea Rockefeller (D), Yea Wisconsin: Kohl (D), Yea Feingold (D), Nay Wyoming: Thomas (R), Yea Enzi (R), Yea